LABOR MARKET AND PENAL SANCTION - THOUGHTS ON THE SOCIOLOGY OF CRIMINAL JUSTICE

• NCJ Number: 53362
• Journal: Crime and Social Justice Issue: 10 Dated: (FALL/WINTER 1978) Pages: 2-8
• Author(s): G RUSCHE; G DINWIDDLE
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Crime and Social Justice Associates
• Sale Source: UMI Dissertation Services; Crime and Social Justice Associates
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: PRICE QUOTED ABOVE IS FOR ENTIRE ISSUE

Annotation

THIS FIRST ENGLISH TRANSLATION OF A 1933 ARTICLE OUTLINES THE ECONOMIC THEORY OF PUNISHMENT AND TRACES THE HISTORY OF CRIMINAL SANCTIONS FROM THE EARLY MIDDLE AGES THROUGH POST-WORLD WAR 1.

Abstract

IT IS ARGUED THAT, HISTORICALLY, THE LOWER CLASSES ARE MOST PRONE TO CRIMINALITY DUE TO THEIR FRUSTRATING AND VULNERABLE POSITION IN THE ECONOMIC HIERARCHY--A POSITION WHICH MAKES RESPECT FOR LAWS AND SOCIAL CONVENTIONS UNREWARDING. THEREFORE, A USEFUL PENAL SANCTION MUST BE CONSTITUTED IN SUCH A WAY THAT MEMBERS OF THE MOST CRIMINALLY INCLINED CLASSES PREFER TO ABSTAIN FROM FORBIDDEN ACTS RATHER THAN BECOME VICTIMS OF INSTITUTIONAL CONDITIONS EVEN WORSE THAN THE SOCIOECONOMIC CONDITIONS THAT DROVE THEM TO CRIME. AN ECONOMIC ANALYSIS OF THE HISTORY OF PUNISHMENT IS PRESENTED TO SUPPORT THIS THEORY. IN THE EARLY MIDDLE AGES WITH ITS THINLY POPULATED PEASANT ECONOMY, THE RELATIVELY EVEN DISTRIBUTION OF SOCIETY'S WEALTH AND LACK OF CLASS-RELATED PRESSURES ENABLED A SYSTEM OF FINES AND PENANCE TO DETER CRIME EFFECTIVELY. HOWEVER, THE EMERGENCE OF A QUASI-CAPITALISTIC MODE OF PRODUCTION IN THE LATE MIDDLE AGES AND THE RESULTING CROWDING, DOWNGRADING OF WAGES, SOCIAL UNREST, AND PEASANT WARS CAUSED THE ABANDONMENT OF FINES AND PENANCE IN FAVOR OF MORE SEVERE AND EVEN PERMANENT PUNITIVE METHODS, SUCH AS TORTURE AND EXECUTION. WITH THE LABOR SHORTAGES OF THE 1600'S, PRISONS AND PRISON INDUSTRIES BEGAN TO FLOURISH, AND THE UTILITY OF THE GALLOWS DIMINISHED IN PROPORTION TO THE NEEDS OF THE LABOR MARKET. THIS TREND WAS REVERSED AGAIN WITH THE ONSET OF THE INDUSTRIAL REVOLUTION AND ITS LABORSAVING DEVICES. WHILE PENOLOGY DID NOT RETURN TO TORTURE AND EXECUTION AT PREVIOUS LEVELS, LABOR, HAVING BECOME UNPROFITABLE, WAS MADE TO SERVE AS TORTURE: PRISONERS WERE GIVEN EXHAUSTING, BORING, AND FREQUENTLY POINTLESS WORK SUCH AS RUNNING TREADMILLS OR BREAKING ROCKS. REFERENCES ARE FOOTNOTED. (KBL)